BY SAM ALFAN.
Former Malindi Member of Parliament William Baraka Mutengo alias Willy Mutengo has lost bid to block Ethics and Anti-Corruption Commission from investigating his academic papers and CDF projects.
Lady Justice Hedwig Ong’undi ruled that, the former legislator failed to demonstrate that EACC, DPP and IG acted outside their statutory mandate and they abused the process.
In her 55 page judgment, dismissed the petition due to lack of merit with cost.
“This court cannot therefore, bar the DPP,EACC and IG from carrying out their mandate just because William Mtengo feels it is politically motivated”. Ruled Ong’undi.
The judge said EACC is responsible for enforcing chapter six of the constitution, overseeing and enforcing the implementation of leadership and integrity Act.
On 25th January , 2017, EACC investigator Oscar Onyangi Otieno was issued with search warrants authorising him to search the office , business and residential premises of William Mtengo and seize possession of all documents relating to forgery of academic certificate and any other documents or information that would facilitate conclusion of the investigations.
Police searched Mr Mtengo home in Nyali , his farm at Lulu, Majimboni, the Malindi Constituency Development Fund (CDF) office and his farm at rural residence at Msabaha.
Mtengo had filed a petition seeking to quash the search warrants claiming it breached his constitutional rights and freedom.
He urged the court to issue order prohibiting EACC from further investigating, inspecting, lifting copies of his academic certificates, bank statements, deposit slips , CDF projects or any other information held by him on account of being Malindi Member of Parliament.
He also wanted the commission to be compelled to return all the property and documents that the investigator and EACC confiscated on 31 day of January last year at his residences, his relative and office in Malindi.
Mtengo further wanted an injunction restraining EACC and police from intimidating , harassing, accessing his residence, interfering with his privacy, summoning or arresting him.
